모욕
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The lower court’s sentence (3 million won in penalty) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.
The facts charged of this case are about 10 persons, who are the police officers, and insultd the victim C, who is the police officers. The name of the crime of insult is the crime of insult, and the applicable legal provisions are Article 311 of the Criminal Act.
The lower court sentenced a fine of KRW 3 million on this issue.
However, since the offense of insult under Article 311 of the Criminal Act is an imprisonment or imprisonment without prison labor for not more than one year, or a fine not exceeding two million won, the judgment of the court below that sentenced a punishment exceeding the statutory penalty is unlawful and thus it cannot be maintained as it is.
Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's above unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act requires the determination of punishment as set forth in the text, in consideration of the fact that the defendant has been punished for the same kind of crime, and that he/she has committed a repeated crime during the period of repeated crime, but is recognized to have committed a confession and reflect, and that he/she seems to have committed a contingent crime;